HomeMy WebLinkAbout1981-08-24-1000AM-Regulart..
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COMMISSIONERS' COURT
REGULAR MEETING
AUGUST 24, 1981
A regular meeting of the Commissioners' Court of Brazos
members of the Court present:
R. J. Holmgreen, County Judge, presiding:
Bill J. Cooley, Commissioner of Precinct 1;
Walter Wilcox, Commissioner of Precinct 2;
Billy E. Beard, Commissioner of Precinct 3;
W. A. Stasny, Commissioner of Precinct 4;
Frank Boriskie, County Clerk.
The following citizens and officials were in attendance:
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James Garon
Claudia Chaffin
Michael Masters
Kim H. Young
Carol Benedict
Mike Johnson
Harrie P. W. Perkins
J. C. Miller
Dorothy S. Miller
Molly Stark
Alan Colby
Mary Nichols
Arnold Dittfurth
Margie Jones
G. Moses
J. M. Beamer
Bobby H. Yeager
Jim Thompson
Debbie Monroe
Sheri Toumbs
Fritz Lanham
Phyllis Presley
Buddy Winn
Norman Pederson
Marijane Deen
Fred C. Forstaff
Richard Fronterhouse
City of College Station
City of College Station
Pitney Bowes
State Department of Highways
A. B. Dick Co.
A. B. Dick Co.
Citizen
Beautify Brazos County Association
Beautify Brazos County Association
General Telephone
General Telephone
Auditor
Assistant Auditor
Assistant Treasurer
KTAM/ 1CORA
Sheriff's Office
Sheriff
KBTX-TV
KBTX-TV
Assistant Treasurer
Bryan Eagle
KAGC
TAC
Self
Data Processing Manager
Department of Public Safety
Constable, Precinct 4
The Court first heard from Dr. Jack Miller and his wife. .
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County. Texas, was held in the Commissioners' Courtroom in
the Courthouse in Bryan, Brazos County, Texas, beginning at
10:00 A.M. on Monday, August 24, 1981, with the following
Dorothy Miller, representing the Beautify Brazos County Association.
who formally invited the Court, as well as the general public,
to a luncheon Tuesday, September 1, 1981, at 12:00 noon at the
Brazos Center. Bill Nash with the Keep America Beautiful Asso-
ciation would be the guest speaker.
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=COMMISSIONERS' COURT MEETING - AUGUST 24, 1981 -CONTINUED
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t On motion made by Commissioner Stasny, seconded by `
{ Commissioner Beard.- the Court unanimously voted to advertise
for bids for supplies and services for the 1981 Constitutional
' Amendment Election to be held November 3. 1981.
On motion made by Commissioner Cooley, seconded by
Commissioner Wilcox. the Court unanimously voted to publish
+ notice of a Special Commissioners' Court meeting to be
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held Thursday. September 3. 1981, at 5:00 P.M. to discuss the
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proposed 1981 tax increase.
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The Court next discussed House Bill 1617 (Art. 3926a)
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passed by the 67th Legislature authorizing the Commissioners'
Court to set fees to be charged for services by the Office of
Sheriff and Constables. After discussion of fees set in other
counties over the State, Commissioner Cooley moved to set the
fees for service by the Constables or Sheriffs for service of
civil citation, subpoena, summons or other process as follows%
Small Claims $20.00
Justice Courts $20.00
All Other Courts $20.00
for execution or attempt to execute each writ of garnishment.
injunction writ, distress warrant, etc.:
Small Claims Court
and all other Courts $35.00
Motion was seconded by Commissioner Beard and carried unanimously.
A copy of such Order is attached hereto and made a part of these
minutes.
Next to be considered was an application to the Criminal
Justice Division for $5,153.00 for the purchase of four (4)
walkie-talkie radios for the Sheriff's Department. Such purchase
to be on a 75X/2.5% basis with the Criminal Justice Division
paying $30902.00 and the County paying $1,251.00. On motion by
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COMMISSIONERS' COURT MEETING - AUGUST 24, 1981 - CONTINUED
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Commissioner Cooley, seconded by Commissioner Stasny, the Court
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ounty
to aut
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voted unanimous
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application on behalf of Brazos County.
On motion made by Commissioner Beard, seconded by Commissioner
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Wilcox, the Court unanimously voted to pay the invoice from the
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Texas Department of Corrections in the amount of $3,870.00
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for 215 "One Lane" bridge signs and to amend the 1981 Road and
Bridge budget by that amount, such monies to be reimbursed by
the Sign Replacement Contract with the Department of Highways
and Public Transportation. A copy of the Budget Amendment is
attached hereto and made a part of these minutes.
On motion made by' Commissioner Wilcox, seconded by
Commissioner Stasny, the Court unanimously voted to pay to
' the City of Bryan $200.71 for answering fire calls for July.
The Court next considered the following bids for a table-
top copy machine:
1. Otis McDonald Business Machines $3,595.00
2. Xerox $3,827.00
3. Pitney Bowes $2,771.00
4. A. B. Dick $2,300.00
5. Central Texas Word Processing $2,995.00
;
6. IBM $3,353.75
On motion made by Commissioner Stasny, seconded by Commissioner
Beard, the Court unanimously agreed to refer all bids to
Kim Young with the Metropolitan Planning Organization to evaluate
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and purchase the best machine. Such copier to become the property
of the M.P.O. with the understanding that the County would be
reimbursed for the full purchase price of the copier.
The Court next considered the following bids for two (2)
moving radar units for the Department of Public Safety:
1. Decatur Electronics
2. MPH Industries
3. Custron Electronics
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$5,990.00
$4,970.00
$4,990.00
COMMISSIONERS COURT MEETING - AUGUST 24, 1981 - CONTINUED
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On motion made by Commissioner Beard, seconded by Commissioner
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Cooley, the Court unanimously voted to refer all bids to
Sgt. Forstaff of the Texas Department of Public Safety for
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evaluation and authorized the purchase.
The Court next considered the following bids for oil and
gas leases on County property:
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1. Chaparral Minerals, Incorporated
a. Rodeo Arena/Livestock Pavillion - $350.00 per
- 2
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lease - no drilli
- 22%
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acre
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on said lease estate - $5,040.00 check attached.
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b. County Shop on Pierce Street - $350.00 per acre -
22% royalty - 2 yr. lease - no drilling on said
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lease estate.
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c. Waco Street property.- $350.00 per acre - 22%
royalty - 2 yr. lease - no drilling on said lease
estate.
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2. MCZ
i a. County Shop on Pierce Street - $250.00 per acre
with $10.00 per acre delay rental - 2 yr. lease -
27t% royalty.
b. Rodeo Arena/Livestock Pavillion - $350.00 per
;
acre with $10.00 per acre delay rental - 2 yr.
lease - 27h7. royalty.
c. Waco Street property - $250.00 per acre with
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$10.00 per acre delay rental - 2 yr. lease -
{
~T 25% royalty.
d. Brazos Center and Park - $50.00 per acre with
' $10.00 per acre delay rental - 2 yr. lease -
20% royalty.
3. Harrie P. W. Perkins
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a. Rodeo Arena/Livestock Pavillion - $275.00 per
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acre - 18 month lease - 23% royalty - $2,444.75
' check enclosed.
4. G. F. Abendroth
• a. Rodeo Arena/Livestock Pavillion - $1,250.00 per
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acre - 1/5 royalty - 3 yr. paid up lease.
' b. County Shop on Pierce St. - $1250.00 per acre -
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1/5 royalty - 3 yr. paid up lease.
c. Waco Street property - $1,250.00 per acre - 1/5
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3 royalty - 3 year paid up lease.'
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THE FOLLOWING
DOCUMENT
IS THE BEST IMAGE
POSSIBLE
DUE TO
THE POOR QUALITY
OF ORIGINAL
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COMMISSIONERS' COURT MEETING -_AUGUST 24. 1981 - CONTINUED
5. E. L. Hilliard
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a. Rodeo Arena/Livestock Pavillion - $590.00 per
acre - 1/4 royalty - 3 yr. paid up lease.
b. County Shop on Pierce St. - $590.00 per acre -
1/4 royalty - 3 yr. paid up lease.
c. Waco Street property - $590.00 per acre - 1/4
royalty - 3 yr, paid up lease.
It was the consensus of the Court that a committee be appointed
to study and analyze the bids and make a recommendation to
the Court whereupon Commissioner Stasny moved to appoint the
County Judge and Commissioner Beard as the committee. The
motion was seconded by Commissioner Beard and carried unanimously.
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On motion made by Commissioner Cooley, seconded by Commissioner
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Wilcox. the Court unanimously voted to grant a right-of-way
easement to the City of Bryan for the construction of a water
line across Boonville Cemetery, property in the John Austin
League. Abstract #2, subject to the addition of a statement
allowing the County to relocate the water line at any time
deemed necessary by the County and at no cost to the County.
A copy of the resolution granting said right-of-way easement
is attached hereto and made a part of these minutes.
The Court next considered the Road Dedication Plat of Green's
Prairie Road in Precinct 1. After discussion and on motion made
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by Commissioner Cooley, seconded by Commissioner Beard. the
Court voted unanimously to approve the Road Dedication Plat
as submitted and to allow the variance of the 25 ft. set-back
due to the width of the right-of-way, and further conditioned
on Commissioner Cooley's negotiations with Exxon for crossing
their pipe line.
The Court next considered the preliminary plat of Stewart's
Meadow in Precinct 4. On motion by Commissioner Stasny. seconded
by Commissioner Cooley, the Court unanimously voted to accept the
preliminary plat as presented.
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• COMMISSIONERS' COURT MEETING - AUGUST 24. 1981 - CONTINUED
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On motion made by Commissioner Cooley. seconded by :
Commissioner Stasny, the Court unanimously approved Requests,`
for Change in Status of Employees as follows:
Jeffrey Kuhl
Brazos Center
Arlene Skowronek
County Commissioners' Office '
Susan F. Duke
County Judge's Office
Michelle Colwell
District Attorney's Office
'James B. Kuboviak
District Attorney's Office
Dortheda M. Livengood
District Clerk's Office
Kathleen A. Donovan
Health Department
I. B. Harrison. Jr..
Road & Bridge. Precinct 2
Carl Shelton Grimes
Road & Bridge, Precinct 3
Barry Wayne Ross
Sheriff's Department
Terry E. Nixon
Sheriff's Department
Kathleen Ann Donovan
Sheriff's Department
• Michael Daymond Kirk
Sheriff's Department
Steve P. Rodriguez
Sheriff's Department
Patrick 0. Ordogne
Sheriff's Department
Joel Kemp Johnson
Sheriff's Department
Joel Kemp Johnson
Sheriff's Department
Michael Paulus
Sheriff's,Department
Frank P. Gray
Sheriff's Department
Linda Cain
Tax Office
Barbara Knox
Tax.Off ice .
The Court proceeded to consider the following Claims submitted
by the County Auditor for payment:
TYC
Claims
43
YCC
Claims
44
through
45
General Fund
Claims
3493
through
3652
• County Shop
Claims
161
through
167
Precinct 1
Claims
188
through
194
Precinct 2
Claims
189
through
198
' Precinct 3
Claims
185
through
188
Precinct 4
Claims
142
through
147
e
On motion made by
Commissioner Cooley.
seconded by
Commissioner
Stasny, the Court
unanimously voted to
pay the Claims as submitted.
' On motion made by Commissioner Wilcox, seconded by
Commissioner Cooley, the Court unanimously voted to authorize
Gulf Oil Company the right to install a 2 inch gas line within
the right-of-way of Sand Creek Road approximately one mile north
of Hwy. 21 East. A copy of said Notice of Proposed Installatioo
in County Right-of-Way is attached hereto and made a part of
.,these minutes.
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:COMMISSIONERS' COURT MEETING - AUGUST 24, 1981 - CONTINUED
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On motion made by Commissioner Cooley, seconded by
Commissioner Stasny, the Court unanimously voted to give
Commissioner Cooley the authority to purchase three (3),
12 gauge, 7-foot diameter culverts with hardware,on an
emergency basis, by passing the bidding procedure since there
is only one supplier. Such purchase was agreed to by the
Assistant Auditor, Arnold Dittfurth.
On motion made by Commissioner Beard, seconded by
Commissioner Cooley, the Court unanimously voted to amend the
Lease Purchase Contract with Sperry Univac to include one (1)
additional printer for-the Treasurers Office at an additional
cost of $137.00 per month. A copy of said Contract is attached
hereto and made a part of these minutes.
On motion made by Commissioner Cooley, seconded by
Commissioner Beard, the Court unanimously voted to pay $106.00
to W. It. Culver for the tower rental for the Volunteer Fire
Department and $15.00 to Bryan Industrial Electronics, Inc. for
radio repair of the base unit in the Sheriff's Office. It was
agreed that the $106.00 tower rental would be paid by the County
until further notice. It was further decided that the County*
would pay to maintain the central communications systems located
in the Sheriff's Office but would not pay for repairs to any
units or base stations in the various precincts.
On motion made by Commissioner Beard, seconded by Commissioner
Cooley, the Court unanimously voted to hold a public meeting for
the purpose of discussing reapportionment on Thursday. September 3,
• 1981, at 5:30 P.M.
There being no further business to come before the Court,
the meeting was adjourned.
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CON~'iISSIONERS , COURT MEETING - AUGUST 24 1981*- CONTINUED
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The foregoing minutes have been examined and approved in
day of open Court this the =
19A. in Bryan. Brazos County. Texas.
0o y
o mgreen 1Co~ni oner, Preci ct 1 ;
County Judge i
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a ter i cox Com i, oner,
Commissioner, Precinct 2 f
4an. 4~ss `
A• asny County Clerk
Coimaissioner. Pre nct 4
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STATE OF TEXAS X
COUNTY OF BRAZOS X
BE IT REMEMBERED that at a regular meeting of the Commissioners
' Court of Brazos County, Texasj held on the 24th day of August. 1981.
on motion made by Bill J. Cooley, Commissioner. Pre. 1 and seconded
by Billy E. Beard, Commissioner, Pre. 3 the following
Order was adopted:
WHEREAS, House Bill 1617 (Article 3926a) passed by the 67th
Legislature authorized Commissioners Court of each county to set
reasonable fees to be charged for services by the Offices of Sheriffs
and Constables; and
WHEREAS, an analysis of the projected costs of serving judicial
civil process for the 1981/82 fiscal year has been prepared and a
determination made as to the level of fees required to recoup the
costs to Brazos County for this service; and
WHEREAS, the Commissioners Court is of the opinion that the
following fees are reasonable and should be established for this
service of civil process in Brazos County effective September 1, 1981,
to remain in effect until further orders of the Court;
For each person, corporation or legal entity, on whom service of
citation, subpoena, summons or process not otherwise provided for, is
performed or attempted and return made, including mileage, if any,
the Sheriff and Constables shall receive a fee of:
Small Claims Court $20.00
Justice Courts $20.00
All Other Courts $20.00
For executing or attempting to execute each writ of garnishment,
injunction writ, distress warrant, writ of attachment, writ of
sequestration, writ of execution, order of sale, writ of execution
and order of sale, or writ not otherwise provided for, and making
return thereon including mileage, if any, the Sheriff and Constables
shall receive a fee of:
Small Claims Courts, Justice Courts.
and All Other Courts $35.00
IT IS THEREFORE, ORDERED, ADJUDGED and DECREED that the fees as
prescribed above are hereby set by this Commissioners Court effective
September 1, 1981, and to remain in effect until further orders of
this Court;
IT IS FURTHER ORDERED that the District and County Clerks and the
Justice Courts and any other affected official or department make
appropriate revisions of their fee schedules and deposit requirements
to incorporate therein the above fees prescribed by this Court
DONE IN OPEN COURT thin: the 24th day of August, 1981.
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County Ju ge
Comm ss r, recinct Commiss er, Precinct
'Commissioner,-Precinct ommiss her, Prec• ct
GE ~v_3
YOL~D PA
MIMENDING THE BUDGET FOR BRAZOS COUNTY FOR YEAR 1991
3 On this the 24th day of August , 19 8 , at a Special session of
commissioners Court the following members were present:
R. J. Holmgreen County Judge
i Bill J. Cooley Commissioner Precg. P1
Walter Wilcox Commissioner Prect. 42
. i ,
Billy E. Beard Commissioner Prect. 03 `
W. A. Stasny Commissioner Prect. 04
Frank Boriskie County Clerk
The following proceedings were hag:
THAT UMEREAS, on Aur-us t 25 , 19•$1. the court heard and approved '
a budget amendment for the year i qgi_ for Brazos County. '
WHEREAS, an emergency expenditure is necessary, due to grave public necessity
` to meet unusual and unforseen conditions which could not be reasonably included
in the original budget for 1981 adopted November, 5 5- 1980 ,
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the following amendment(s) to the original are hereby authorized; Increase "
Department Reason Amount (Decrease`
Pay or signs or sign I
' 20-070-506 Replacement Contract 14,061
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(Signs an posts)
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THE COUNTY OFF BRAZOS
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BY ,tom ~I I
COUNTY JUDGE FOR THE COIrIIrIISSIONERS COURT
I Jo'
• Original to - County Clark's office to be attached to the adopted budget I i
Copy to - County Auditors Office
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~i THE STATE OF TEXAS X
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS X r
That I. MR, R,J. Holmgree - CORDtY ily e
of the County of Brazos, State of
Texas, for and in the consideration of the sum of and the
further consideration of the enhancement of the value of the land, paid by
and moving from the City of Bryan, a Municipal Corporation of Brazos C,Inty.
Texas, the receipt of which is hereby acknowledged, have granted, bargained.
and conveyed and by these presents do grantr barEain, and convey unto the
.
City of Bryan, its successors and assigns. a riglit-of-way casement for the !
purpose of constructing and maintaining a water line {
of said City. across a certain tract of land situated in Brazos County. Texas;
described as follows:
Being a tract of land known as The Booneville Cemetery-of BrarosT_
County, Texas, lying and being situated in the John Austin.Lcague, A-2.
Brazos County, Texas.
Said right-of-way casement being more particularly described as follows:
Being a 20-feet wide easement more particularly described as follows:
BEGINNING at a i
point marking the west corner of the Booneville
Cemetery tract, said point being located in the northeast right-of-way
line of Farm-to-Market Road No. 158;
THENCE in a southeasterly direction along the northeast right-of-way {
line of Farm-to-Market Road No. 158 same being the Southwest' line of the
Booneville Cemetery tract for a distance of 790-feet to a point for corner.
said point marking the south corner of the Booneville Cemetery tract;
THENCE in a northeasterly direction along the southeast line of the -
Booneville Cemetery tract for a distance of 25 feet to a-point for corner;
THENCE in a northwesterly direction parallel to and 20-feet northeast
4 r of the southwest line of the Booneville Cemetery tract for a distance of
790 feet to'a point for corner in the northwest line of the said Booneville
i
Cemetery tract;
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THENCE in a southwesterly direction along the northwest line of the
Booneville Cemetery tract for a distance of 25 feet to the PLACE OF
BEGINNING of this 20-feet wide easement.
In further consideration of the granting of this easement
to the City of Bryan by Brazos County, Texas, the City of
Bryan accepts and retains the responsibility to move, lower
relocate or otherwise alter the location of the water line
herein provided for, in the event same becomes necessary due
to the widening or improving of FM 158, all at 'no cost to
Brazos County, Texas.
In further consideration of the granting of this easement
to the City of Bryan by Brazos County, Texas, Brazos County
will have the right to_relocate the water line at any time
deemed necessary by the'County and'at no cost to the County.
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i It is specifically understood that the City of Bryan and its assigns
N ry Public in'and 't
azos County, Texas
/6 --00
shall be granted free ingress, egress and regress to and from said strip
of land for the purposo of making_i+pproy9ments on, and repairs, to the
aforesaid, as shall be necessary and convenient at all times.
TO HAVE AND TO HOLD unto the said City of Bryan, Texas, a Municipal
Corporation as aforesaid, for the purposes aforesaid, the premises above
described.
WITNESS (my) (our) band(s) at Bryan, Texas, this 25th day of
August 1981.
001
R- _t uolmgreer
r i2ntY Jude
THE STATE OF TEXAS Brazos County, Texas
x -
COUNTY OF BRAZOS
BEFORE ME, the undersigned authority, a Notary Public in and for Brazos
County, Texas, on this day personally appeared R. J. Holmgreen
known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged to me
that (he), (XW executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL .OF OFFIL , this 25th day of August
A.D. 1981 .
S E A L
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VOL7D-PAGE-10
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1 NOTICE OF PROPOSED INSTAUATION IN COUNTY RiCNT-OF-WAY . 41,
To the Coss:issioners' Court of Brazos County. Texas (;E.,2JJ
Brazos County Courthouse
Bryan. Texas
Formal notice is hereby given that Gulf• C; 1_ Company I
Applicant. proposes to place a 2 inch
qdS line within the sight-of-way
type o ut ty
of. Sand Creek Road aporoximat y 1mi1a north Hwv 27 'Fastn 'i
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►.ame of road) '
Brazos County. Texas as follows: j,
The location or description of the proposed installation is more fully shown by
copies of the drawings attached to this notice.
I understand and agree that: 4
1. The Commissioner of the Precinct in which the right-of-way lies must be notified P
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prior to the beginning of construction in order that the Commissioner might be on
hand to designate the actual location of the installation.
2. That all damage to the roadways and rights-of-way will be repaired to their original
condition to the satisfaction of the Commissioner in which the roadway, or right-of-way
1.
lies.
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That Brazos County reserves the right to require Applicant to relocate or lower any I
such line at no cost to Brazos County. should same become necessary due to widening r
or lowering. or other alteration of the roadway or•right-of-way.
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4. That Brazos County will in no way be responsible for any damage that might occur to
~ i ti tilit lin s i th ri ht-of-w
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nay ex s ng u y e n e g ay.
S. That the line will be constructed and maintained on the county right-of-way in accor- ;
dance with governing laws. i
6. That the line or lines will be constructed no less than forty-eight inches (48"j
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lower than the lowest part of the drainage or bar ditch and the drainage is to be
considered at least two feet (21 below the'center of the roadway. {
7. That all roads be bored to forty feet (40') on either side of line of the right-of-way i
or cased for such distance.
8. That all sites will be barracaded during the construction period.
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Construction of this line will begin on.or after the __2)_ day of Alig at 19 R1
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APPROVED BY COMMISSIONERS' COURT
Date:/Auzust 25. 1981
. J. IvImgreen. County Judge
Firm: R. B. Butler
By:
Title: Address : P. 6. Box 3610
. Bryan, Texas 77801
.
Phone:
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EQUIP161ENT•RENTAL OR LEASE i
F cY~-uNIVAC
AND MAINTENANCE SERVICE t
Supplemental Schedule A s
Brazos County
Brazos County Courthouse t
wawl[ari[PI~ NI„~scw
Bryan, Texas 77801
UIPMENT SCHEDULE r
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This Schedule is an amendment to the State. County and Municipal Government Consolidated 5 Year, Lease and Ser.,ice
Agreement, the number of which is filled above, and is governed by the terms and conditions of such Agreement.
ACCEPTANCE
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VOI. PACE.~.,~
STATE OF TEXAS
COUNTY OF BRAZOS
RESOLUTION
WHEREAS, the Governor's Office of General Counsel and Criminal
Justice has indicated, through the Brazos Valley Development Council,
the availability of grant funds to assist units of local government -
strengthen law enforcement in their respective communities; and
WHEREAS, among the areas eligible for assistance is law enforcement
communications equipment provided the unit of local government pays
25 percent of the cost; and
WHEREAS, Brazos County has a need for four portable radios and ancil- i
liary equipment in order to improve patrol operations and security
for the Sheriff's Department;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS-COURT OF BRAZOS
COUNTY, TEXAS, MEETING IN REGULAR SESSION THAT:
1. The County Judge be authorized tDmake application on behalf of
Brazos County to the Governor's Office of General Counsel
and Criminal Justice for grant funds to assist in the purchase
of four portable radios and ancilliary equipment.
2. Brazos County agrees to pay 25 percent of the cost of the
four portable radios.
3. Should a grant be tendered in response to said application the
County Judge be authorized to receive same on behalf of Brazos
County.
PASSED and ADOPTED this 24th day of August . 1981.
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